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S. M. SUBRAMANIAM
P. Sivakumar – Appellant
Versus
Deputy Inspector General of Police, Coimbatore – Respondent
JUDGMENT
(Prayer: Writ Petition is filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Certiorari, calling for the records of the respondents in connection with the impugned order passed by the first respondent in C.No.B1/3560/2009 in PR No.14/2009 dated 17.07.2013 and confirmed by the second respondent in RC No.145603/AP2(1)/2013 dated 05.03.2014 and quash the same.)
1. The writ on hand has been instituted questioning the validity of the punishment imposed on the writ petitioner in departmental disciplinary proceedings, which is confirmed in the appeal.
2. The writ petitioner was directly recruited as Sub Inspector of Police and promoted as Inspector of Police on 10.08.2001. The petitioner was due for promotion to the post of Deputy Superintendent of Police, Category-I for the year 2009-2010. On account of the pendency of criminal case, during the relevant point of time, the petitioner was not considered for promotion to the post of Deputy Superintendent of Police. The criminal case registered against the writ petitioner ended with an order of acquittal on 01.02.2013 and thereafter, the departmental disciplinary proceedings were continued. The
Acquittal in a criminal case does not automatically exonerate an employee from departmental disciplinary proceedings.
Exclusion from promotion panel due to a pending criminal case and conviction under the Prevention of Corruption Act.
An order of acquittal in a criminal case does not necessarily bar departmental disciplinary proceedings, as the standards of proof and procedures are different.
Disciplinary record and pending charges can be valid grounds for rejecting a request for promotion.
Departmental proceedings can proceed independently of criminal case and should be conducted expeditiously.
Delay in disciplinary proceedings and the denial of promotion based on past punishments cannot be used to indefinitely bar an employee from consideration for promotion.
The disciplinary authority has the discretion to assess the evidence and form an opinion on the nature of the allegations, and relief sought based on assumptions regarding the framing of charges cann....
The central legal point established is that the delinquent officer is entitled to a personal hearing when the Disciplinary Authority deviates from the Enquiry Officer's decision, as per the principle....
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